Jump to content
Sign in to follow this  
Karen A

Interim review.Right to appeal.

Recommended Posts

Hi.

 

 

I asked this question on another thread but decided to post here too as it is a different topic.

If the LA call an interim or emergency review of a Statements and then amend the Statement does the right to appeal not apply.

So if the LA call an emergency review can they then amend a Statement without the parent having a right to appeal ?

 

I should declare a personal interest in the answer to my question.

I am aware that my LA are looking for ways to reduce spending .I have speculated over whether they might take the oppurtunity to review Statements not due for AR which happen to come to their attention in order to reduce provision.

 

If in the event of an interim review parents have no right to appeal amendments then I might be more reluctant to bring a Statement to the LAs attention.

 

I am aware that Ben is not currently obtaining the provision documented in his Statement.However previously when we complained the LA called an emergency review.I would not want to find that a complaint about provision not being in place caused the loss of documented provision or worse still loss of Statement....with no right to appeal. :rolleyes::rolleyes::o

 

Karen.

Share this post


Link to post
Share on other sites

Hi Karen,

 

If they amend the statement (which they can do at any time, although of course they would have to justify it i.e. there had been a significant change) then you do have the right of appeal - and also if they only change say Part 3, you still have the right to appeal Parts 2,3 and 4.

 

An emergency or interim review can be called say if a child is at risk of exclusion. It would be an opportunity to discuss possible strategies/provision etc to try and prevent exclusion and I guess possible changes to statement if necessary. If the statement was amended you would have the right of appeal.

 

The new law says that a parent can ask for the statement to be amended at an Annual Review, so what I was saying was that at an interim review, you would not have that right.

 

Also things like getting the reports two weeks before the meeting, as you are legally supposed to do for an Annual Review, would also not apply.

 

Hope that helps! Know where you are coming from re concerns about changing statements, which is why I have looked into it myself!

 

Best Wishes

 

Grace/x

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...